Section 17921.7 Of Chapter 2. Rules And Regulations From California Health And Safety Code >> Division 13. >> Part 1.5. >> Chapter 2.
17921.7
. (a) (1) The Legislature finds and declares all of the
following:
(A) Acrylonitrile-butadiene-styrene ("ABS") drain, waste, and vent
plumbing pipe is used to drain or vent wastewater from kitchens,
bathrooms, washers, and plumbing fixtures found in the home. ABS pipe
is commonly used in residential construction, and ABS pipe has been
installed in the foundations and walls of thousands of single-family
homes, apartments, condominiums, and other residences throughout
California.
(B) The American Society for Testing and Materials (ASTM) has
established specifications for the manufacture of ABS pipe, including
a requirement that ABS pipe be made from virgin plastic resin. These
specifications have been incorporated into the Uniform Plumbing Code
(UPC), which is applicable to all occupancies throughout the state
pursuant to subdivision (b) of Section 18938, a provision of the
California Building Standards Law (Part 2.5 (commencing with Section
18901)).
(C) ABS pipe that does not meet ASTM requirements might, within a
period of a decade or less, crack and leak wastewater and sewage,
resulting in structural damage, vermin infestation, and severe health
hazards for residents or occupants of buildings in which defectively
manufactured ABS pipe has failed. One apparent cause of these
mechanical failures of ABS pipe has been the use of nonvirgin,
reprocessed plastic resin for the manufacture of ABS pipe.
(D) The continued use of this nonvirgin, reprocessed plastic resin
by some ABS pipe manufacturers violates the requirements of the UPC
and is also in violation of the building standards established in
accordance with the California Building Standards Law. The problem of
the property damage inflicted on the public continues to worsen.
(E) Thousands of California residents either already have, or
eventually will, experience serious damage to their homes,
apartments, and condominiums, as well as threats to their health and
safety, because of the substandard ABS pipe that has been installed,
in violation of building standards, in structures throughout the
state.
(F) There are currently no statutes or regulations that apply to
the sale of defective plastic resin to ABS pipe manufacturers.
(2) It is, therefore, the intent of the Legislature that both of
the following occur:
(A) That a provision that addresses the important issues set forth
in paragraph (1) be added to the State Housing Law.
(B) That the Department of Housing and Community Development
expeditiously implement the provisions of Chapter 413 of the Statutes
of 1993 that relate to this section.
(b) On and after the effective date of the act that adds this
section, no person shall sell or offer for sale a plastic resin for
use in the manufacture of ABS DWV pipe that does not meet the
requirements of the listing pursuant to authority granted by
subdivision (e).
(c) (1) Any and all plastic resin sold to an ABS DWV pipe
manufacturer for use in ABS DWV pipe shall contain a certification
that the plastic resin conforms to the requirements specified in the
listing pursuant to subdivision (e).
(2) Any and all plastic resin sold to an ABS pipe manufacturer
shall be accompanied by a document indicating the name and address of
the manufacturer of that plastic resin, the date that the plastic
resin was purchased by the seller, and specifications of the chemical
and physical properties of the plastic resin. For a period of at
least 10 years from the date of the sale of this plastic resin, the
information required to be certified by this subdivision shall be
kept onsite at the ABS pipe manufacturing plant, and available for
inspection by the enforcement agency, at all times.
(d) No ABS DWV pipe that contains plastic resin that does not meet
the requirements of the listing pursuant to subdivision (e) may be
sold or offered for sale, or installed in any structure that is
subject to this part.
(e) The listing agencies, as approved by the department, shall
publish in each listing agreement with ABS DWV pipe manufacturers a
list of ABS resins and resin compounds used by that manufacturer and
approved for use by the listing agency. The approval of ABS resins
and resin compounds shall be based on nationally recognized
standards. The listing agencies shall consult with the affected
parties.